In accordance with L.1975, c.231, Chairwoman Janice Mitchell Mintz opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 30, 2000, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

TO: Janice Mitchell MintzCommissioner

Henry Maurer, DirectorMerit System Practices and Labor Relations

FROM: Marjorie Schwartz, DirectorHuman Resource Management

SUBJECT: Change in the State Classification Plan

DEPARTMENT OF PERSONNELOFFICE OF EXTERNAL AFFAIRS The Department of Personnel is requesting that the following job function be reallocated to the Senior Executive Service. Based upon a review of the duties and its position in the organization, it appears to be consistent with the standards established for inclusion in the Senior Executive Service. Your approval of the reallocation for the following position number from the career service to the Senior Executive Service is recommended.

Reallocation of ServiceEffective Date: April 30, 2001

From: Position #007946

To: Position #007946

ACTION: The Merit System Board directed that this matter be held over.

SECTION A - HEARING MATTERSA-1 SETTLEMENTS In the Matter of Evaristo CorderoPolice Department City of NewarkSuspension

In the Matter of James A. DeWaltAC Wagner Youth Correctional FacilityDepartment of CorrectionsRemoval

In the Matter of Saundra JenkinsCity of East Orange Suspension

In the Matter of Raymond KellyUnion County, JudiciarySuspension

In the Matter of Nicholas KisellaJuvenile Justice CommissionRemoval

In the Matter of Wilfredo MedinaPolice Department City of NewarkSuspension

In the Matter of Louise M. MuchlerWoodbine Developmental CenterDepartment of Human ServicesResignation not in good standing

In the Matter of Dennis L. RobinsonNorthern State PrisonDepartment of CorrectionsRemoval

In the Matter of Gloria ShorterDepartment of Health and WelfareTownship of BloomfieldRemovalIn the Matter of Marline SinclairTrenton Psychiatric HospitalDepartment of Human ServicesSuspension

In the Matter of Brian WhittleCity of East OrangeRequest for enforcement

In the Matter of David WilliamsTrenton Psychiatric Hospital Department of Human ServicesRemoval

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT

Recommendation of the Administrative Law Judge - Dismiss the appeal for lack of jurisdiction.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-6 DONNA HUGHES Donna Hughes, Judiciary Account Clerk 2, Mercer Vicinage, Judiciary, removal effective December 27, 1999, on the charge of abandonment of her position for five or more consecutive business days.

Recommendation of the Administrative Law Judge - Reverse the removal.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a resignation in good standing.

Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-8 JOHN MACK John Mack, Cook, Veterans' Memorial Hospital at Paramus, Department of Military and Veterans' Affairs, removal effective February 4, 1999, on charges of creating a disturbance on State property and conduct unbecoming a State employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-9 ELLEN MARINO Ellen Marino, County Police Lieutenant, Department of Public Safety, County of Union, 120-day suspension on charges of conduct unbecoming a public employee and other sufficient cause (violation of Union County Police Department rules and regulations, making a derogatory, disparaging, bias, racist remark and being untruthful in a County Police investigation).

Recommendation of the Administrative Law Judge - Uphold the 120-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-10 STEPHEN MCWHERTER Stephen McWherter, Correction Lieutenant, Mid-State Correctional Facility, Department of Corrections, removal on charges of conduct unbecoming a public employee and violation of a policy against the use, possession, or sale of any controlled dangerous substance (custody).

Recommendation of the Administrative Law Judge - Modify the removal to a 30-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-11 DIANA NOLL Diana Noll, Senior Correction Officer, Riverfront State Prison, Department of Corrections, request for enforcement of that part of the Merit System Board decision, issued May 31, 1996, granting appellant back pay.

Recommendation of the Administrative Law Judge - Appellant is not due a back pay award.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-12 ALEXANDER RATLIFFE Alexander Ratliffe, Senior Correction Officer, Bayside State Prison, Department of Corrections, removal effective December 28, 1998, on charges of insubordination: intentional disobedience or refusal to accept an order, assaulting or resisting authority, disrespect or use of insulting or abusive language to a supervisor.

Recommendation of the Administrative Law Judge - Dismiss the appeal on the basis of the Court's determination of appellant's forfeiture of employment.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

Recommendation of the Administrative Law Judge - Uphold the 10-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-14 JON H. WILLIAMS, SR.

Jon H. Williams, Sr., Motor Broom Driver, Department of Neighborhood Services, City of Newark, removal effective March 19, 1999, on the charge of failure to comply with the City of Newark's residency ordinance.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-15 MICHAEL VOLK Michael Volk, Assistant District Parole Supervisor, Parole and Community Programs, Department of Corrections, removal effective March 12, 1998, on charges of conduct unbecoming a public employee and discrimination that affects equal employment opportunity, including sexual harassment.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-16 N.W. AND B.S. N.W., a Youth Work Supervisor With the Arthur Brisbane Child Treatment Center, Department of Human Services, was removed effective March 10, 1998, on charges of a mistake due to carelessness which would result in danger to persons or property and inappropriate contact or treatment of a client; and B.S., a Head Nurse also with the Arthur Brisbane Child Treatment Center, was suspended for 15 days, on charges of serious mistake due to carelessness which would result in danger and injury to persons or property.

Recommendation of the Administrative Law Judge - Uphold the removal of N.W. and the 15-day suspension of B.S. and seal the record.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-17 THOMAS DECKER - SETTLEMENT Thomas Decker, Laborer, Department of Public Works, Borough of Butler, layoff effective July 16, 1999. Settled to the appointing authority agrees to employ the appellant as a Laborer in the Department of Public Works and the appellant agrees to dismiss his appeal with prejudice.

Recommendation of the Administrative Law Judge - Acknowledge the settlement as clarified.

Recommendation of the Administrative Law Judge - Dismiss the charge with respect to the July 20, 1999 incident and impose a suspension of 20 days as a result of the charge associated with the July 6, 1999 incident.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-20 JOSEPH GALLANT (REMAND) Joseph Gallant, Police Officer, Police Department, City of Newark, removal effective June 16, 1997, on charges of violating departmental policy regarding violating the law and conduct which brings discredit, ridicule or criticism to the Department.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

SECTION B - MISCELLANEOUS MATTERS B-1 PETER O'TOOLE Peter O'Toole, represented by Bernard Weiss, Esq., appeals his rejection as a County Correction Officer candidate by the County of Monmouth and its request to remove his name from the eligible list on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-2 VIRGILIO RODRIGUEZ, JR. Virgilio Rodriguez, Jr., appeals his rejection as a Police Officer candidate by the City of Passaic and its request to remove his name from the eligible list for Police Officer on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-3 CARLOS M. VACA Carlos M. Vaca appeals his rejection as a Sheriff's Officer candidate by the County of Hudson and its request to remove his name from the eligible list for Sheriff's Officer on the basis of psychological unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-4 NEIL DEVANEY Neil Devaney appeals the request by the Department of Corrections to remove his name from the Correction Officer Recruit (S9999A) eligible list for medical unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-5 NICHOLAS GIORDANO Nicholas Giordano appeals his rejection as a Correction Officer Recruit candidate by the New Jersey Department of Corrections and its request to remove his name from the eligible list for Correction Officer Recruit on the basis of medical unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be granted.

B-6 TISHIRA GOLSON Tishira Golson appeals the request by the New Jersey Department of Corrections to remove her name from the eligible list for Correction Officer Recruit (S9999A) eligible list for medical unfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-7 SCOTT KIBLER Scott Kibler, represented by Michael D. Miller, Esq., appeals his rejection as a Fire Fighter candidate by the City of Camden and its request to remove his name from the eligible list for Fire Fighter on the basis of medical unfitness to perform effectively the duties of the position. This matter was held over from the January 30, 2001 Board meeting for further review.

ACTION: The Merit System Board directed that this appeal be denied.

B-8 JOHN SMITHJohn Smith appeals the request by Burlington County to remove his name from the County Correction Officer (S9999W) eligible list for medical unfitness to effectively perform the duties of the position.

B-21 PATRICIA L. BLANFORD Patricia L. Blanford, a Senior Correction Officer with the Department of Corrections (DOC), appeals the decision of Selection Services which upheld the removal of her name from the list for Correction Sergeant (PS7099I) based on an unsatisfactory employment record.

ACTION: The Merit System Board directed that this appeal be denied.

B-22 MICHAEL BORINI Michael Borini, represented by Howard J. Heald, Esq., appeals the decision of Selection Services which found that Atlantic County had presented a sufficient basis to remove the appellant's name from the County Correction Officer (S9999A) eligible list, as a result of falsification of his preemployment application. Also the appellant appeals the removal of his name from all other lists derived from the Law Enforcement Examination (S9999A).

ACTION: The Merit System Board directed that this appeal be denied.

B-23 HENRY R. CIOFFI, JR. Henry R. Cioffi, Jr., represented by David J. DeFillippo, Esq., appeals the decision of Selection Services which upheld the bypass of his name on a certification of the eligible list for Fire Fighter (M40303X), City of Long Branch.

ACTION: The Merit System Board granted a hearing.

B-24 VALERIE DAVIS Valerie Davis appeals the determination of Human Resource Information Services which upheld the removal of her name from the Habilitation Plan Coordinator (S0519B) eligible list for failure to meet the educational requirements for the position.

ACTION: The Merit System Board directed that this appeal be denied.

B-25 ROBERT DYNOW The City of Perth Amboy, represented by Daniel J. McCarthy, Esq., appeals the decision of Selection Services restoring Robert Dynow's name to the Police Officer (S9999A), City of Perth Amboy, eligible list.

ACTION: The Merit System Board granted the appeal and directed that the eligible's name be removed from the Police Officer (S9999A), City of Perth Amboy, eligible list.

B-26 CHARLES GARROD, JR. Charles Garrod, Jr., appeals the determination of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Contract Administrator 1 (C6767A), County of Middlesex, on the basis that he lacked the required experience.

ACTION: The Merit System Board directed that this appeal be denied.

B-27 TERRENCE HEROD Terrence Herod appeals the decision of Selection Services which upheld the removal of the appellant's name from the Correction Officer Recruit (S9999W), Department of Corrections, eligible list due to an unsatisfactory driving record and falsification of his application.

ACTION: The Merit System Board directed that this appeal be denied.

B-28 BRYON PUGH Bryon Pugh appeals the decision of Selection Services which found that Burlington County had presented a sufficient basis to remove the appellant's name from the Sheriff's Officer (C1303Z) eligible list due to falsification of his employment application regarding the reporting of his driving record. Appellant also appeals his removal from a subsequent Sheriff's Officer (S9999W), Burlington County eligible list, since he did not complete preemployment processing.

ACTION: The Merit System Board denied the appeal for the Sheriff's Officer (C1303Z), Burlington County eligible list, but granted the appeal for Sheriff's Officer (S9999W), Burlington County eligible list.

B-29 SCOTT SISTA Scott Sista, represented by Gregory Busch, Esq., appeals the decision of Selection Services which upheld the removal of his name from the eligible list for Police Officer (M3382Z), City of Jersey City, on the basis of his failure to pursue his appeal. It is noted that the appellant's name was initially removed from the subject eligible list on the basis of unsatisfactory driving and employment records.

ACTION: The Merit System Board directed that this appeal be denied.

B-30 JOSEPH SOSA Joseph Sosa appeals the decision of Selection Services which removed the appellant's name from the Police Officer (S9999W), Union City eligible list, due to the appellant's failure to respond to the certification notice.

ACTION: The Merit System Board directed that this appeal be denied.

B-31 BRYANT HAMILTON Bryant Hamilton, a Police Officer with the City of Camden, represented by Robert R. Cannan, Esq., petitions the Merit System Board for interim relief of his six-month suspension, effective March 23, 2001, pending the outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board granted the request and directed that the appellant be reinstated to her position as Technical Assistant, Construction Official, with back pay and benefits from the effective date of the immediate suspension until the actual date of her reinstatement.

B-33 BONAVENTURE DURU Bonaventure Duru, a Family Service Specialist 3 at the Essex Adoption Resource Center with the Division of Youth and Family Services, Department of Human Services, represented by Vikki U. Marshall-Thurston, Staff Representative, Communications Workers of America, Local 1037, appeals the decision of the Assistant Commissioner for Human Resources denying his request for a reasonable accommodation.

B-35 VALERIE LOATMAN-ANDERSON Valerie Loatman-Anderson, a Practical Nurse with Vineland Developmental Center, Department of Human Services, appeals the decision of the Assistant Commissioner for Human Resources denying her request for a reasonable accommodation.

ACTION: The Merit System Board directed that this appeal be denied.

B-36 BARNEY DYRNES Barney Dyrnes, a Principal Investigator (Secured Facilities) at South Woods State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division, with the DOC, stating that appellant failed to represent sufficient evidence to support a finding of probable cause that he had been discriminated against based on his race in violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-37 BRENDA MATAKOVIC Brenda Matakovic, a Senior Therapy Program Assistant with the New Jersey Veterans' Memorial Home at Paramus, Department of Military and Veterans' Affairs (DMVA), appeals the determination of the Adjutant General, with the DMVA, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been discriminated against based on her national origin and disability, in violation of the New Jersey policy Prohibiting Discrimination, Harassment or Hostile Work Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-38 FANNIE ROSS Fannie Ross, an Institutional Trade Instructor 2 (Cooking) at East Jersey State Prison, Department of Corrections (DOC), appeals the determination of the Director of the Equal Employment Division with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that she had been retaliated against in violation of the New Jersey Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-39 WILFORD SMITH Wilford Smith, Director of Custody Operations at New Jersey State Prison, Department of Corrections (DOC), appeals the determinations of the Director, Equal Employment Division, with the DOC, stating that the appellant failed to present sufficient evidence to support a finding of probable cause that he had been discriminated against based on his race, or had been retaliated against based on his filing of a previous discrimination complaint, in violation of the New Jersey Police Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-40 GARY J. COGHLAN - SETTLEMENT Joseph C. DeBlasio, Esq., on behalf of the City of Perth Amboy, seeks the revival of the Police Captain (PM4013R) list and acknowledgment of a settlement between the City of Perth Amboy and Gary J. Coghlan concerning his appointment to Police Captain, City of Perth Amboy.

ACTION: The Merit System Board acknowledged the settlement as clarified and revive the list.

B-41 SUSAN SPIES - SETTLEMENT The appeal of Susan Spies, a Public Safety Telecommunicator with the City of Clifton, of her six-month suspension and her removal effective March 17, 1999, on charges of incompetency, inefficiency, or failure to perform duties and conduct unbecoming a public employee, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on September 12, 2000, acknowledging the settlement submitted by the parties. Implementation of the settlement requires relaxation of N.J.A.C. 4A:4-7.8 (b) and (c).

ACTION: The Merit System Board acknowledged the settlement and directed relaxation of N.J.A.C. 4A:4-7.8(b) and (c).

B-42 DAVID M. BLACKBURNE ORDER OF CONSOLIDATION AND PREDOMINANT INTEREST Administrative Law Judge (ALJ) Beatrice S. Tylutki issued an Order of Consolidation and Predominant Interest in the above-captioned matters. In that order, the ALJ determined that the matters be consolidated and that the Merit System Board (Board) had the predominant interest. Based on the ALJ's Order, the Board and the Division on Civil Rights developed a joint order adopting the ALJ's Order. The proposed order is submitted for the Board's review.

ACTION: The Merit System Board adopted the Order of Consolidation and Predominant Interest.

B-43 EDGAR CANTILLO The Superior Court, Law Division, has referred to the Merit System Board (Board) the determination of the amount of back pay due to Edgar Cantillo as a result of the Board decision in In the Matter of Edgar Cantillo (MSB, decided November 18, 1997). Appellant, represented by John J. Segreto, Esq., also seeks interest and counsel fees for his representation in this matter.

ACTION: The Merit System Board granted back pay in the amount of $92,184.16, but denied the request for interest and counsel fees.

B-44 MARIE BENNETT The Superior Court, Appellate Division, has reversed the decision of the Merit System Board (Board) in In the Matter of Marie Bennett (MSB, decided October 13, 1999), reversed and remanded, 335 N.J. Super. 518 (App. Div. 2000), that appellant was not entitled to sick leave injury (SLI) benefits for a psychological illness and remanded the matter to resolve the issues as to whether the appellant's SLI claim was untimely or whether it was a reasonably foreseeable aggravation of a preexisting injury. Appellant also requests counsel fees.

ACTION: The Merit System Board granted the request for sick leave injury benefits in part, but denied the request for counsel fees.

B-45 GLYNDELL CURRY The Superior Court, Appellate Division, has remanded the decision of the Merit System Board in In the Matter of Glyndell Curry (MSB, decided February 8, 2000), remanded, Docket No. A-3996-99T5 (App. Div. May 14, 2001), for a hearing to allow further testimony of expert witnesses.

ACTION: The Merit System Board remanded the matter to the Office of Administrative Law.

B-46 JALAL GHAVAMI Jalal Ghavami requests enforcement of that portion of the July 25, 2000 Merit System Board final decision which awarded him back pay and benefits.

ACTION: The Merit System Board granted the request.

B-47 MAINTENANCE REPAIRER (M6821A), TEANECK The appointing authority requests permission not to make an appointment from the certification for Maintenance Repairer (M6821A), Teaneck.

ACTION: The Merit System Board denied the request for an appointment waiver and assessed compliance costs and a fine.

B-48 WILLIAM AILES-FLANAGAN William Ailes-Flanagan, a Storekeeper 2, Riverside State Prison, represented by Bruce Fralinger, Staff Representative, CWA Local 1040, appeals a five-day suspension issued by the Department of Corrections.

ACTION: The Merit System Board directed that this matter be held over.

ACTION: The Merit System Board directed that this matter be held over.

B-51 CATHERINE CERWINSKI The appeal of Catherine Cerwinski, a Senior Clerk Typist with the City of Jersey City, of her removal effective October 3, 1998 on charges, was heard by Administrative Law Judge Edith Klinger (ALJ), who rendered her initial decision on March 2, 2001. At its meeting on April 10, 2001, the Merit System Board did not adopt the ALJ's recommendation to uphold the removal and impose an additional three-month suspension. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board directed that this matter be held over.

B-52 ROBERT HOBBS The appeal of Robert Hobbs, an Assistant Food Service Supervisor at Riverfront State Prison, Department of Corrections, of his 10-day suspension on charges, was heard by Administrative Law Judge Robert W. Scott (ALJ), who rendered his initial decision on March 2, 2001, modifying the 10-day suspension to a five-day suspension. At its meeting on April 10, 2001, the Board did not adopt the ALJ's recommendation. Rather the Board modified the penalty to a two-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board directed that this matter be held over.

B-53 DAVID CSIMBOK The appeal of David Csimbok, a Police Officer with the Borough of Carteret Police Department, of his bypass on the Police Sergeant (PM0959U), Borough of Carteret eligible list, was heard by Administrative Law Judge Solomon A. Metzger (ALJ), who rendered his initial decision on October 24, 2000, finding that the appellant was improperly bypassed and ordering his appointment. At its meeting on April 24, 2001, the Board adopted the ALJ's decision. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-54 JOSEPH HORNICK The appeal of Joseph Hornick, a Fire Fighter with the City of Long Branch Fire Department, of his removal, effective March 5, 1996 on charges, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on November 3, 2000. The Merit System Board, at its meeting on May 8, 2001, did not adopt the ALJ's recommendation to uphold the removal. Rather, it imposed a 60-day suspension. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-55 WAYNE FULLER The appeal of Wayne Fuller, a Police Officer with the City of Newark, of his removal effective August 23, 1996 on charges, was heard by Administrative Law Judge Elinor R. Reiner (ALJ), who rendered her initial decision on February 23, 2001. At its meeting on May 22, 2001, the Merit System Board (Board) did not adopt the ALJ's recommendation to uphold the removal. Rather, the Board ordered that the matter be remanded to the Office of Administrative Law. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the decision.

B-56 GEORGE GLOVER The appeal of George Glover, a Senior Stock Clerk with the Department of the Treasury, of his removal on charges, effective July 22, 1994, was heard by Administrative Law Judge Joseph Lavery (ALJ), who rendered his initial decision on October 8, 1998. The Merit System Board (Board) at its meeting on May 8, 2001, adopted the ALJ's recommendation to uphold the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-57 DONALD HICKS The appeals of Donald Hicks, a Police Officer with the City of Newark, of his 40-day suspension, beginning February 7, 1998, and his removal effective May 12, 1999, on charges were heard by Administrative Law Judge R. Jackson Dwyer (ALJ), who rendered his initial decision on April 20, 2001. The Merit System Board (Board), at its meeting on May 22, 2001, adopted the ALJ's recommendation to uphold the suspension and reverse the removal. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

B-58 STEVEN BEKE Steven Beke appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Management Improvement Specialist 1 (PS9029I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be denied.

B-59 JOSEPH BERARDINELLI AND JOHN P. KELLYJoseph Berardinelli and John P. Kelly appeal the determination of the Division of Selection Services, which found that they did not meet the experience requirements for the Mechanic Hydraulics (PC2361A), Union County promotional examination.

ACTION: The Merit System Board directed that this appeal be granted.

B-60 SHAMMI BHATIA Shammi Bhatia appeals the determination of the Division of Selection Services, which found that he did not meet the education and experience requirements for the promotional examination for Administrative Analyst 2 (Fiscal Management) (PS8030K), Division of Family Development, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be denied.

B-61 MARGUERITE S. BREMNER Marguerite S. Bremner appeals the determination of the Division of Selection Services which found that she did not meet the experience requirement for the promotional examination for Administrative Analyst 1 (PS9043K), Office of the Commissioner, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be denied.B-62 LAWRENCE BRITTON Lawrence Britton appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Manager 3, Information Processing (PS9042K), Department of Human Services.

ACTION: The Merit System Board directed that this appeal be denied.

B-63 MARSHA CAVENDER, ET AL. Marsha Cavender, Regina Malvern and Robert Ring appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in experience for the promotional examination for Principal Training Technician (PS8792K), Division of Youth and Family Services, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-64 GREGORY CHARLAND Gregory Charland appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Senior Statistical Clerk (PS2528H), Department of Health and Senior Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-65 JUNE CICONTE June Ciconte appeals the determination of the Division of Selection Services, which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Administrative Analyst (PC0122B), Gloucester County.

ACTION: The Merit System Board directed that this appeal be granted.

B-66 LAURA CINTRON AND DIEDRA WADE Laura Cinron and Diedra Wade appeal the determinations of the Division of Selection Services, which found that they were below the minimum requirements in experience for the promotional examination for Head Clerk (PS0455K), Ancora Psychiatric Hospital.

ACTION: The Merit System Board directed that these appeals be denied.

B-67 KATHLEEN CLARK Kathleen Clark appeals the determination of the Division of Selection Services which found that, per the substitution clause, she was below the minimum requirements in experience for the promotional examination for Technician Management Information Systems (PS9231K), Ancora Psychiatric Hospital.

B-69 HARRY L. ELLIFRITZHarry L. Ellifritz appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirement for the Principal Training Technician promotional examination (PS9278I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be granted.

B-70 GUY FARRAR AND HOLLY VIGILANTE Guy Farrar and Holly Vigilante appeal the decision of the Division of Selection Services, which found that they did not meet the certification requirement or experience requirement for the open competitive examination for Inspector, Fire Safety (S2007B/S2020B).

ACTION: The Merit System Board directed that this appeal be denied.

B-71 THOMAS FLOYD, JR.Thomas Floyd, Jr., appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor Roads (PC0502W), Union County.

ACTION: The Merit System Board directed that this appeal be denied.

B-72 BARBARA FORT Barbara Fort appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirement for the promotional examination for Administrative Analyst 3 (PS8451I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be denied.

B-73 GREGORY HENDERSON Gregory Henderson appeals the determination of the Division of Selection Services which found that, per the substitution clause, he was below the minimum requirements in experience for the promotional examination for Technician, Management Information Systems (PS9231K), Ancora Psychiatric Hospital, Department of Human Services.

B-75 JEAN KEGEL, ET AL. Jean Kegel, Michael Messina, Pashiben Patel, Doris Vacca, and Limmza Wood appeal the determinations of the Division of Selection Services, which found that they did not meet the experience requirements for the promotional examination for Management Assistant (PS7985K), Ancora Psychiatric Hospital.

ACTION: The Merit System Board directed that these appeals be denied.

B-76 GEORGE LOBMAN George M. Lobman appeals the determination of the Division of Selection Services, which found that he was ineligible for the promotional examination for Supervising Engineer Construction and Maintenance (PS2452T), Department of Transportation, because he was not permanent in a title to which the examination was open.

ACTION: The Merit System Board directed that this appeal be denied.

B-77 RICHARD K. MATTSON Richard K. Mattson appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the General Supervisor, Public Works (PM2874A), Township of Brick, promotional examination.

ACTION: The Merit System Board directed that this appeal be granted.

B-78 CARRIE MEANS-RUFFIN Carrie Means-Ruffin appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist, Medical Assistance and Health Services (MAHS), (PS8176K), Division of Medical Assistance and Health Services.

ACTION: The Merit System Board directed that this appeal be denied.

B-79 EVA MEHOS Eva Mehos appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Management Specialist (PC0394A), Hudson County.

ACTION: The Merit System Board directed that this appeal be denied.

B-80 BEVERLY J. MORRISON Beverly J. Morrison appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Senior Technician Management Information Systems (PS9273I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be granted.

B-81 ROJULENE J. NOKESRojulene J. Nokes appeals the determination of the Division of Selection Services, which found that, per the substitution clause for education, she was below the minimum requirements for experience for the promotional examination for Contract Administrator 2 (PS2075H), Department of Health and Senior Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-82 MINELBA ORTIZ Minelba Ortiz appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotionally examination for Principal Operator Automated Typewriter (PS8551K), Division of Youth and Family Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-83 RALPH L. PINTO Ralph L. Pinto appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Supervisor, Housing Assistance Program (PS7303D), Department of Community Affairs.

ACTION: The Merit System Board directed that this appeal be denied.

B-84 SUSAN RAFF Susan Raff appeals the determination of the Division of Selection Services, which found that, per the substitution clause, she did not meet the experience requirements for the promotional examination for Assistant Program Coordinator Aging (PC0016B), Cape May County.

ACTION: The Merit System Board directed that this appeal be denied.

B-85 SOHIL RAJ SHAH Sohil Raj Shah appeals the determination of the Division of Selection Services, which found that he did not indicate the required license or registration for the open competitive examination for Supervising Building Inspector (M9470B), Lawrence Township.

ACTION: The Merit System Board directed that this appeal be denied.

B-86 MELISSA RODRIGUEZ Melissa Rodriguez appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Administrative Analyst 4 (PS0906K), Woodbine Developmental Center.

ACTION: The Merit System Board directed that this appeal be granted.

B-87 IDA ROSARIO Ida Rosario appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in experience for the promotional examination for Supervisor of Accounts (PC2988A), Middlesex County Sheriff's Office.

ACTION: The Merit System Board directed that this appeal be granted.

B-88 PETER ROSSWAAG Peter Rosswaag appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist, Medical Assistance and Health Services (MAHS) (PS8176K), Division of Medical Assistance and Health Services, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-89 PETER SORGE Peter Sorge appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Executive Assistant 2 (PS7487K), Division of Developmental Disabilities, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-90 MAUREEN SUTTERLIN Maureen Sutterlin appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Supervising Program Development Specialist, Medical Assistance and Health Services (MAHS) (PS8176K), Division of Medical Assistance and Health Services, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-91 SIMONE TALLEY The appointing authority, on behalf of Simone Talley, appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements for the promotional examination for Secretary Board/Commission (PM0835B), Winslow Township.

ACTION: The Merit System Board directed that this appeal be granted.

B-92 DIANNE TAMAROGLIO Dianne Tamaroglio appeals the determination of the Division of Selection Services, which found that she was ineligible for the promotional examination for Management Assistant (PS0957P), Division of Consumer Affairs, Department of Law and Public Safety because she was not permanent in a title to which the examination was open.

ACTION: The Merit System Board directed that this appeal be denied.

B-93 CAROLYN WARD Carolyn Ward appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Head Procurement Clerk (PS9409K), Ann Klein Forensic Psychiatric Hospital, Department of Human Services.

ACTION: The Merit System Board directed that this appeal be granted.

B-94 DAVID WATTS David Watts appeals the determination of the Division of Selection Services, which found that he did not meet the experience and education requirements for the open competitive examination for Personnel Technician (M1360B), City of Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-95 OWEN WILLIAMSOwen Williams appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Supervising Juvenile Detention Officer (PC3501C), Monmouth County.

ACTION: The Merit System Board directed that the unassembled examination be voided and all eligibles on the PS7709H list be administered the STB examination on an expedited basis.

B-99 ROME E. MURPHY Rome E. Murphy appeals the determination of the Division of Selection Services, which found that he failed to achieve a passing score on the written examination for Assistant Crew Supervisor Highway Maintenance (PS8859T), Department of Transportation.

ACTION: The Merit System Board directed that this appeal be denied.

B-100 LURENE D. PITCHER Lurene D. Pitcher appeals the determination of the Division of Selection Services that she failed to achieve a passing score on the promotional examination for Principal Clerk Typist (PC1028W), Monmouth County.

ACTION: The Merit System Board directed that this appeal be denied.

B-101 ALIREZA ANZABI Alireza Anzabi requests reconsideration of the Merit System Board decision which denied his appeal of the decision of the Division of Selection Services, denying his request for a make-up examination for Senior Engineer Transportation (PS2451T), Department of Transportation.

ACTION: The Merit System Board denied the request.

B-102 HITESH PATEL Hitesh Patel appeals the determination of the Division of Selection Services which found that he did not timely register for the open competitive examination for Environmental Specialist Trainee (S0469A), Statewide.

ACTION: The Merit System Board directed that this appeal be denied.

B-103 DONATO SIAPNODonato Siapno appeals the determination of the Division of Selection Services, which found that he lacked the required amount of permanent status in the title to which the promotional examination for Child Support Specialist (PC9757B), Hudson County, was open.

ACTION: The Merit System Board directed that this appeal be denied.

B-104 HARRY CHEN AND JULIUS MALLEPALLE The Director, Division of Selection Services, on behalf of the Department of Environmental Protection, requests that the out-of-title work performed by Harry Chen and Julius Mallepalle be accepted to satisfy the experience requirements for admittance to the promotional examination for Administrative Analyst 2 (Data Processing) (PS3336G), Department of Environmental Protection.

ACTION: The Merit System Board directed that this appeal be granted.

B-105 DONNA LENIHAN The Deputy Director, Division of Selection Services, on behalf of the Department of the Treasury, requests that Donna Lenihan's out-of-title-work be accepted for a pre-appointment evaluation for Technical Assistant, Personnel.

B-107 MERIT SYSTEM BOARD MINUTES The Merit System Board Minutes for the meeting of May 22, 2001 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of May 22, 2001.

B-108 REQUESTS FOR INTERIM NONCOMPETITIVE APPOINTMENTS IN THE DEPARTMENT OF TRANSPORTATION The Director, Division of Human Resource Management, requests that N.J.A.C. 4A:3-1.2(e) be relaxed to permit the seven positions in the Department of Transportation's Division of Maritime Services to be allocated to the noncompetitive division of the career service on an interim basis in accordance with N.J.A.C. 4A:3-1.2(c)3. The Department of Transportation also requests that N.J.A.C. 4A:6-1.2(a) be relaxed to allow the subject individuals to retain their twenty-day vacation benefit pursuant to the State unclassified vacation plan.

ACTION: The Merit System Board directed that this matter be held over.